Dead and Obscure Languages
TMEP § 1209.03(g) expresses the caveat that "foreign words from dead or obscure languages may be so unfamiliar to the American buying public that they should not be translated into English for descriptiveness purposes." Emphasis added. "Descriptiveness is evaluated according to 'that segment of the purchasing public which is familiar with that language.'" General Cigar Co. v. G.D.M. Inc., 988 F. Supp. 647, 660 (S.D.N.Y. 1997) (quoting 1 McCarthy § 11.14, p. 464-65). In that case, the court found that the strength of the Cohiba mark was not diminished by the fact that Cohiba is the Taino Indian word for tobacco, because the Taino language was an obscure language. The court noted:
| “ | A word which is not in general or common use, and is unintelligible and non-descriptive to the general public, although it may be known to linguists and scientist, may be properly regarded as arbitrary and fanciful and capable of being used as a trademark or trade-name. | ” |
Nevertheless, cases exist where trademark registration has been rejected for a word that was generic or descriptive when translated from a language such as Latin or Ancient Greek.
Read more about this topic: Doctrine Of Foreign Equivalents
Famous quotes containing the words dead and, dead, obscure and/or languages:
“I’d rather I were dead and gone,
And my body laid in grave,
Ere a rusty stock o coal-black smith
My maidenhead should have.”
—Unknown. The Twa Magicians (l. 17–20)
“the whole sea become an entanglement of watery bodies
lost to the world bearing what they cannot hold. Broken,
beaten, desolate, reaching from the dead to be taken up
they cry out, failing, failing! their cries rising
in waves still as the skillful yachts pass over.”
—William Carlos Williams (1883–1963)
“Product of a myriad various minds and contending tongues, compact of obscure and minute association, a language has its own abundant and often recondite laws, in the habitual and summary recognition of which scholarship consists.”
—Walter Pater (1839–1894)
“No doubt, to a man of sense, travel offers advantages. As many languages as he has, as many friends, as many arts and trades, so many times is he a man. A foreign country is a point of comparison, wherefrom to judge his own.”
—Ralph Waldo Emerson (1803–1882)